Anderson v. Smith

Summary

The court held that, for cases filed before January 1, 2026, the second prong of the Citizen Participation Act requires a subjective inquiry into whether the plaintiff brought the lawsuit solely to chill or punish protected governmental participation, rather than application of a rigid "meritless and retaliatory" test. The court further held that trial courts must decide the Act motion from the pleadings and supporting documents and may not conduct an evidentiary hearing. It affirmed the appellate judgment as modified, reversed the circuit court judgment, and remanded for further proceedings.